In recent months, an increasing number of applicants for Italian citizenship by descent (jure sanguinis) have received a Notice of Intent to Deny(Rejection (preavviso di rigetto), often based on the so-called “Minor Issue.”

This development has caused understandable concern, particularly because many of these applications were filed before October 2024 under a different administrative practice and after long waiting periods. The situation has been further complicated by widespread online discussions that often conflate administrative practice, recent legislative reforms, and pending court proceedings, creating confusion about what is actually at stake.

Understanding the legal framework behind these notices is essential in order to respond correctly and protect your right to be recognized Italian citizen jure sanguinis

The Legal Nature of a Notice of Intent to Deny

Under Italian Administrative Law, the government cannot simply deny a request without warning. A preavviso di rigetto is a mandatory procedural step provided for by Article 10-bis of Law No. 241/1990.

This “warning” guarantees the applicant the right to be informed of the specific legal reasons that may lead to a negative decision. Once you receive this notice via email or registered mail, the clock starts ticking: you typically have 10 days (though Consulates may grant slightly more) to submit written observations. Only after reviewing your defense can the Consulate issue a final determination. Therefore, this notice is a call to action, not a final verdict.

Why the “Minor Issue” Is Being Raised

The “Minor Issue” refers to a restrictive interpretation regarding the naturalization of an Italian ancestor. The Consulate argues that if your Italian ancestor became a citizen of another country (e.g., the U.S. or Brazil) while their child—your next-in-line ancestor—was still a minor, the chain of citizenship was broken.

This is not based on a new law, but on a shift in administrative practice following Circular of the Interior Ministry 43347/2024. Consular officers are now instructed to apply a restrictive reading of Law No. 555 of 1912, specifically focusing on Article 12. However, this interpretation ignores the protective nature of Article 7, which was designed to allow children born abroad in jus soli countries to maintain their Italian heritage.

What the “Minor Issue” actually concerns

The so-called “Minor Issue” concerns the interpretation of Articles 7 and 12 of Law No. 555 of 1912, a historical provision that continues to play a decisive role in Italian citizenship by descent.

The core question is whether a child loses Italian citizenship when their parent naturalizes abroad while the child is still a minor. For more than a century, both administrative practice and judicial interpretation consistently answered this question in the negative, recognizing that minor children retained their Italian citizenship despite the parent’s naturalization.

The 2026 legal landscape: the Corte di Cassazione review

The most important reason not to withdraw your application is that the “Minor Issue” is currently pending before the Joint Sections (Sezioni Unite) of the Corte di Cassazione.

A definitive ruling is expected in the Spring of 2026. This decision is tasked with resolving the sharp conflict triggered by three specific rulings from the Court of Cassation (Nos. 17161/2023, 19594/2024, and 20455/2024). These rulings broke away from a century of established administrative and judicial practice, leading the Ministry of the Interior to adopt the current restrictive stance. The United Sections will now determine whether the traditional interpretation or this new, restrictive approach should prevail.

For a deeper analysis of this conflict, you can read more on how the United Sections are reviewing the Minor Issue

The role of case law and administrative limits

Several first-instance courts have issued decisions challenging the automatic application of the “Minor Issue,” emphasizing the protective function of Article 7 and raising concerns about legal certainty and legitimate expectation.

However, first-instance judgments are not binding on consulates or municipalities. Administrative authorities are not required to follow judicial interpretations unless they come from the Supreme Court or the Constitutional Court. As a result, citing favorable case law in response to a notice rarely leads to an immediate change in the administration’s position. Its primary value lies in building a formal record for future litigation.

Why responding to the preavviso di rigetto of the Consulate matters

Although consulates rarely reverse their position at this stage, responding to the notice is legally important:

• Official Record: The response becomes part of the administrative file.
• Preventing Acquiescence: It proves the applicant has formally contested the interpretation.
• Litigation Readiness: It preserves legal arguments for an Italian court.
• Request for Suspension: With the Supreme Court ruling expected in Spring 2026, applicants can formally request the administration to suspend the procedure until the Court provides a final verdict.

What Happens after the response

Following the submission of observations, the authority may issue a formal denial or suspend the procedure

A denial does not mean the claim has failed definitively. The judicial review before an Italian court represents the appropriate next step. Unlike administrative authorities, courts are not bound by ministerial circulars.

Why legal counsel is important at this stage

Receiving a preavviso di rigetto is a critical crossroads. While it may be tempting to draft a response independently, the current legal climate—marked by the “Minor Issue” and the upcoming Spring 2026 Supreme Court rulings—requires technical expertise.

Engaging a specialized Italian citizenship lawyer is essential to build a Memoria Difensiva (Defense Brief) that carries institutional weight. A response signed by an Avvocato signals to the Consulate that you are prepared to protect your rights, often making them more inclined to grant a suspension rather than an immediate denial.

Final considerations

The current wave of notices reflects a temporary change in administrative interpretation rather than a definitive resolution of Italian citizenship law. The “Minor Issue” remains one of the most complex and debated questions in this field, but it is far from a closed door.

A preavviso di rigetto should be handled with care and legal awareness. When addressed properly, it serves not as an end, but as a strategic tool to protect your position and lay the groundwork for effective judicial protection. By safeguarding your administrative record today, you ensure that your claim to Italian heritage remains viable for the final judgment of the courts.